Shaun Kenny-Dowall not guilty of assaulting former partner Jess Peris

[Captain Apollo]

How so?

Go there by yourself and you can be locked in a cell for 6 hours as allegedly happened to SKD.
You might also be talked into giving a statement , a "friendly chat with the nice police officer"...out to gather evidence against you.

Police are not there to determine the facts?
Well there you go.

Best to abolish the cops, give the People guns and we'll look after ourselves.

Evidence laws in NSW were changed in 2013. The basis of the change was explained in the explanatory note to the legislation when introduced into Parliament -

The object of this Bill is to amend the Evidence Act 1995 so that in proceedings for a serious indictable offence an unfavourable inference may be drawn from the defendant's failure or refusal to mention a fact during official questioning that the defendant could reasonably have been expected to mention and that is later relied on by the defence in the proceedings.

Such an inference will not be able to be drawn unless, before the questioning, a special caution was given to the defendant in the presence of a legal practitioner acting for the defendant.

Such an inference will also not be able to be drawn if it is the only evidence that the defendant is guilty of the offence.

Hope that is some help for you. Most legal practitioners thought it so bad a move that the vast majority of them will not attend a police station with a client so as to avoid these provisions.

 

[adamkungl]

Yep maybe they do. However that would negate the need for an investigation and we would know the punishment handed down already.

It's pretty simple.

On initial evidence, Sharks believe Fifita has done something wrong. The investigation will undoubtedly be done within a few days, there isn't a drawn out court case. If found guilty Fifita will sit out a few weeks.

On initial evidence, Roosters believe SKD has not done what he's accused of. They have been following the story since before the AVO. There will be legal proceedings which may take months. If found guilty, SKDs career will be in tatters and face legal consequences as well.

The circumstances are not even remotely similar and Sharks fans constantly bringing them up in relation to each other is fairly pathetic. Stop blaming other clubs for your issues.

 

[MilkShark]

It's pretty simple.

On initial evidence, Sharks believe Fifita has done something wrong. The investigation will undoubtedly be done within a few days, there isn't a drawn out court case. If found guilty Fifita will sit out a few weeks.

On initial evidence, Roosters believe SKD has not done what he's accused of. They have been following the story since before the AVO. There will be legal proceedings which may take months. If found guilty, SKDs career will be in tatters and face legal consequences as well.

The circumstances are not even remotely similar and Sharks fans constantly bringing them up in relation to each other is fairly pathetic. Stop blaming other clubs for your issues.

I'm not blaming anybody.

Yes they are both separate issues, no argument there at all. When you say if Fifita has done something wrong he will sit for a few weeks, well at this stage he is yet to have been proven to have done anything wrong yet he is / they are already sitting out. Yes the Sharks have stood them both down, this could be a precautionary, it's not an admission of guilt. Lyall Gorman did come out and make a statement about the incident which would leave most people to believe an infraction has taken place but the longer this goes the more we are lead to believe there may be more to the story than what everybody has been made to believe.

Please don't get me wrong, i'm no Roosters supporter, but I have grown to like SKD. He seems like a good kid and I do hope he gets off these charges.

 

[SharkShocked]

The more apt comparison would actually be Greg Bird / SKD.

But even then, Sharks stood him down because he failed to tell the story / answer them when called in front of the board. Not to mention go on to blame his mate.

So they aren't even remotely comparable situations.

Either way, both parties will be afforded the presumption of innocence. Fifitas are stood down, also for their own welfare issues as mentioned by Gorman today.

Let the entire processes finish and then see what the punishment is. Stupid to judge it before hand.

 

[MilkShark]

I think the reason they are being ''compared'' is both players have something to answer to yet 1 is stood down and 1 is not. It's not a comparison of the type of infraction at all.

 

[Lambretta]

so say someone regularly threatens to kill your family

you lol and go about your day

that about right?

Only after I've buried them under the patio

 

[Lambretta]

SKD = 100% innocent.

Not even the taint of original sin?

Adam will be pleased

 

[Bronco18]

Please don't get me wrong, i'm no Roosters supporter, but I have grown to like SKD. He seems like a good kid and I do hope he gets off these charges.

"He seems like a good kid and I hope he never committed the offence in the first place, but if he did I hope the truth comes out in court and justice is served."

FTFY.

 

[darcy]

Evidence laws in NSW were changed in 2013. The basis of the change was explained in the explanatory note to the legislation when introduced into Parliament -



Hope that is some help for you. Most legal practitioners thought it so bad a move that the vast majority of them will not attend a police station with a client so as to avoid these provisions.

It's been an immense help for me...and I thank you very much for going to the trouble of posting it.

 

[MilkShark]

"He seems like a good kid and I hope he never committed the offence in the first place, but if he did I hope the truth comes out in court and justice is served."

FTFY.

Yes exactly what I meant. Sorry just couldn't be bothered to go back and edit when I was leaving work

 

[aussie7798]

look seriously even by the tame account of what happened from the fifita brothers themselves they deserve a short suspension you do not get in a argument with the ref after the game and threaten to destroy his property no matter what and its especially bad from a couple of high profile first graders

if its true that Andrew had to be physically restrained from reaching the ref then he needs a long suspension

SKD is now a matter for the courts if he is convicted he could/should face sanctions from the NRL after he has served his court sentence

 

[Mongoloid]

SKD is guilty I'd say, women don't lie

 

[adamkungl]

The more apt comparison would actually be Greg Bird / SKD.

But even then, Sharks stood him down because he failed to tell the story / answer them when called in front of the board. Not to mention go on to blame his mate.

So they aren't even remotely comparable situations.

Either way, both parties will be afforded the presumption of innocence. Fifitas are stood down, also for their own welfare issues as mentioned by Gorman today.

Let the entire processes finish and then see what the punishment is. Stupid to judge it before hand.

Sharks f**ked up there but Bird really gave them little choice, dumb merkin.

I was glad they didn't bend over to the NRL and stand down Fifita before the Dogs game.

 

[carcharias]

This f**ker does it every game.

 

[Eion]

Yeah but we are the dumb merkins that have stood them down.

I get the feeling we get more pressure on us, because we are largely friendless in the media and HQ, but refusing to do anything before the dogs game was a step in the right direction.

I just hope the sharks have learnt that you get absolutely no favours from the nrl, the media, or anyone from pandering to the shrill calls from faux ragers.

Whether fifita said he'd smash his phone, or smash him, I don't give a shit. He clearly didn't actually intend to do either, because he's big enough and crazy enough to carry it out if he wanted to. Play the depression card like Greenburg has taught us, extend the ban to 2 weeks, fine them and shut up shop. Do it now while the goodes thing is front and centre...

 

[Jatz Crackers]

Well then I'll admit I have no clue what you want or meant from your original post.

So after all the ridiculous over the top posts since our early exchange I trust you now get what I was talking about in my 1st post to you.

 

[Danish]

The difference with the Fifita and SKD cases is that one is before a proper court where facts will actually have to be proven, while the other is being handled by a local footy panel at which the ref's word is basically gospel and the burden of proof is much, much lower. So the sharks are in a bit of a bind as while they are saying "we need to investigate" the local comp has already decided their guilt and banned them for 12 months. I don't know what their case will be against this ban but I imagine if its just their word against the refs they won't have much luck.

If they are banned by the local comp, the Sharks have very little ability to then let them off as it will essentially be undermining the local footy panel.

IMO they should just stand them down for a game, fine them, and work out some nice PR project to do with the Penrith junior comp. like maybe have the Fifita boys enrol in the referees program and get their level 1 accreditation, ref a few mini mod games, and top of off with a nice pic of them shaking hands with the cop ref and an article about how they now know how tough being a referee is

 

[carcharias]

This f**ker does it every game.

This

 

[adamkungl]

The difference with the Fifita and SKD cases is that one is before a proper court where facts will actually have to be proven, while the other is being handled by a local footy panel at which the ref's word is basically gospel and the burden of proof is much, much lower. So the sharks are in a bit of a bind as while they are saying "we need to investigate" the local comp has already decided their guilt and banned them for 12 months. I don't know what their case will be against this ban but I imagine if its just their word against the refs they won't have much luck.

If they are banned by the local comp, the Sharks have very little ability to then let them off as it will essentially be undermining the local footy panel.

IMO they should just stand them down for a game, fine them, and work out some nice PR project to do with the Penrith junior comp. like maybe have the Fifita boys enrol in the referees program and get their level 1 accreditation, ref a few mini mod games, and top of off with a nice pic of them shaking hands with the cop ref and an article about how they now know how tough being a referee is

It's what we would do :lol:

 

[Bronco18]

So after all the ridiculous over the top posts since our early exchange I trust you now get what I was talking about in my 1st post to you.

Nope, but to be honest I've forgotten the context and trying to find it will be difficult. You're more than welcome to explain what I misinterpreted here though.